6C03 Pre-Complaint Inquiry Disposition

If OFCCP determines it will likely investigate the matter raised in the pre-complaint inquiry, the Investigator should instruct the submitter to file a formal complaint using Form CC-4 and inform the submitter that, unlike the pre-complaint inquiry, the employer will be notified of the complaint and subsequent investigation. The Investigator should also inform the submitter of the anti-retaliation protections OFCCP affords. OFCCP staff should inform submitters of the online complaint form (CC-4 form) on OFCCP’s website if possible.

If OFCCP determines it is unlikely to investigate the matter, the Investigator should inform the submitter and provide the reasoning for the determination. If OFCCP lacks jurisdiction over all or some of the issues raised in the inquiry, the Investigator should refer the inquiry to the proper agency using Letter- 43 Pre-Complaint Inquiry Referral and provide the submitter with the information on the referral. If the issues raised are untimely or otherwise not within OFCCP’s authority, the Investigator should explain to the submitter why OFCCP will likely not investigate the matter.

Investigators should inform the submitter of the disposition using Letter- 42 Notice of Pre-Complaint Inquiry Disposition.

Once perfection is complete and a disposition determination is made, the Investigator should ensure all documentation is uploaded into CMS and recommend closing the pre-complaint inquiry.